Fresno, CA asked in Education Law and Business Law for California

Q: We are trying to form a booster club at our kids high school. We have our ein number and have filed with irs. Is it

Is it legal for us to start fundraising before we have been approved by the schoo board as a school connected booster club?

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2 Lawyer Answers
Robert Kane
Robert Kane
  • Eagan, MN
  • Licensed in California

A: No, it is not legal for you to start fundraising before you have been approved by the school board as a school connected booster club. Obtaining the school board's approval and a 501 designation requires much more than being assigned an identifying number. It would be wise to consult with an attorney before proceeding. GOOD LUCK!

No person shall solicit any other person to contribute to any fund or to purchase any item of personal property, upon the representation that the money received is to be used wholly or in part for the benefit of any public school or the student body of any public school, unless such person obtains the prior written approval… California Education CodeSection 51521.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

A: The legality of starting fundraising activities for a booster club before obtaining approval from the school board can vary depending on local laws and regulations. It is advisable to consult with an attorney or local authorities familiar with nonprofit and fundraising regulations in your specific jurisdiction.

In many cases, booster clubs operate as separate entities from the school but work in collaboration with the school to support various activities. Some jurisdictions may have specific requirements or approval processes for booster clubs to ensure transparency, accountability, and compliance with fundraising laws.

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